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October trial set for semi driver in fatal bus crash

The charred remains of a semi truck is shown buried in the back of a school bus on U.S. 301 near Citra on Sept. 23, 2008.

ALAN YOUNGBLOOD/STAFF PHOTOGRAPHER

By Suevon LeeStaff writer

Published: Monday, March 1, 2010 at 12:18 p.m.

Last Modified: Monday, March 1, 2010 at 5:28 p.m.

OCALA - A trial date for Reinaldo Andujar Gonzalez has been set for October.

The truck driver from Orlando was charged with vehicular homicide and reckless driving with serious bodily injury after his semi-trailer plowed into the back of a stopped school bus on U.S. 301 near Citra more than a year ago.

Killed in the Sept. 23, 2008, crash was Frances Margay Schee, a 13-year-old North Marion middle school student who died from carbon monoxide poisoning when she was trapped on the bus, which became engulfed in flames.

During a brief status hearing Monday afternoon, Gonzalez, 31, appeared in court with his wife, attorney Larry Turner, and an interpreter retained by Turner to translate the proceedings.

Circuit Judge Jonathan Ohlman set aside two weeks for the trial, which prosecutor Phil Hanson anticipates will include testimony from about 50 state witnesses.

When the judge inquired about any potential plea offers, lawyers indicated none are currently on the table.

A Florida Highway Patrol investigative report concluded that Gonzalez lacked a sufficient amount of rest at the time of the crash. Faulty brakes on his 18-wheeler also are considered a factor. According to the FHP report, Gonzalez was placing his cell phone in a cup holder when he looked up and saw the stopped school bus ahead of him on the four-lane divided highway.

Gonzalez, who was driving from Jacksonville to Groveland to deliver light bulbs, could face a prison term within the 12-15 year range if he were to be convicted as charged by a jury.

Two separate auto negligence lawsuits that were brought against Gonzalez's employer, Comtrak Logistics, Inc., in the aftermath of the crash, both reached settlement late last year.

Rhonda Arbuckle, whose three children were passengers on the bus, settled with the company in November, while Elissa Schee, the mother of Frances Margay, reached a settlement with Comtrak in December.

Court documents filed in civil court claim that the Memphis, Tenn.-based company "provided no assistance" if an employee's tractor experienced a mechanical problem.

"It was up to the driver to have it fixed," court papers allege.

Gonzalez, who had only been employed by the company for 13 days, attempted to make repairs to the brakes himself in the early morning hours the day of the crash, after he was handed an "out-of-service" citation by the Florida Department of Transportation during a vehicle inspection.

Elissa Schee recently helped form a national group called FocusDriven that aims to educate people about the dangers of distracted driving caused by cell phone usage. It also urges legislation that bans talking on a cell phone and text messaging when driving.

<p>OCALA - A trial date for Reinaldo Andujar Gonzalez has been set for October.</p><p>The truck driver from Orlando was charged with vehicular homicide and reckless driving with serious bodily injury after his semi-trailer plowed into the back of a stopped school bus on U.S. 301 near Citra more than a year ago.</p><p>Killed in the Sept. 23, 2008, crash was Frances Margay Schee, a 13-year-old North Marion middle school student who died from carbon monoxide poisoning when she was trapped on the bus, which became engulfed in flames.</p><p>During a brief status hearing Monday afternoon, Gonzalez, 31, appeared in court with his wife, attorney Larry Turner, and an interpreter retained by Turner to translate the proceedings.</p><p>Circuit Judge Jonathan Ohlman set aside two weeks for the trial, which prosecutor Phil Hanson anticipates will include testimony from about 50 state witnesses.</p><p>When the judge inquired about any potential plea offers, lawyers indicated none are currently on the table.</p><p>A Florida Highway Patrol investigative report concluded that Gonzalez lacked a sufficient amount of rest at the time of the crash. Faulty brakes on his 18-wheeler also are considered a factor. According to the FHP report, Gonzalez was placing his cell phone in a cup holder when he looked up and saw the stopped school bus ahead of him on the four-lane divided highway.</p><p>Gonzalez, who was driving from Jacksonville to Groveland to deliver light bulbs, could face a prison term within the 12-15 year range if he were to be convicted as charged by a jury.</p><p>Two separate auto negligence lawsuits that were brought against Gonzalez's employer, Comtrak Logistics, Inc., in the aftermath of the crash, both reached settlement late last year.</p><p>Rhonda Arbuckle, whose three children were passengers on the bus, settled with the company in November, while Elissa Schee, the mother of Frances Margay, reached a settlement with Comtrak in December.</p><p>Court documents filed in civil court claim that the Memphis, Tenn.-based company "provided no assistance" if an employee's tractor experienced a mechanical problem.</p><p>"It was up to the driver to have it fixed," court papers allege.</p><p>Gonzalez, who had only been employed by the company for 13 days, attempted to make repairs to the brakes himself in the early morning hours the day of the crash, after he was handed an "out-of-service" citation by the Florida Department of Transportation during a vehicle inspection.</p><p>Civil documents also claim Comtrak failed to check driver's logs to make sure drivers didn't exceed their maximum hours of service.</p><p>Elissa Schee recently helped form a national group called FocusDriven that aims to educate people about the dangers of distracted driving caused by cell phone usage. It also urges legislation that bans talking on a cell phone and text messaging when driving.</p><p>Contact Suevon Lee 352-867-4065 or suevon.lee@starbanner.com.</p>